Revolutionary War Pension and Bounty Land Warrant Application File S. 29,126, Benjamin Drew, Mass.

SERVICE
NUMBER
Mass.
Drew, Benjamin
S. 29,126
CONTENTS

66
Pension
10.909 Massachusetts
Benjamin Drew of Bristol in the State of Mass who was a Mate in the Company commanded by Captain Morton of the by craft in the Mass line for 8 mo's 411 days, Pr of Ability
Inscribed on the Roll of Massachusetts at the rate of 35 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of May 1833 and sent A Basset
Arrears to the 4th of March 1833 $70 12 Semi-ant. allowance ending 4 Sept., 17 53 $87.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Carson Clerk, Book 6 Vol 9a Page 16

16.728
+
Benj Drew
8 mo 11 day Inf Artillery adm'd P. 262
ob 11.
Feb 22. 1835
J Woodg HRE

16,728  BRIEF in the case of  Benjamin Drew  of Bristol Co,  in the State of Mass  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? open Court 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? 63 4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     augt. In 1782 to last of ap. 1783 — 8 11 private Gen. Capt. or Lt. Mr Gordon  
5. In what battles was he engaged? 6. Where did he reside when he entered the service?
none mentioned
Hairhaven
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?
1 living Witness
8. Are the papers defective as to form or authentication? and if so, in what respect?
The proper officer has not certified to the official character etc of the magistrate
Defect
* Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
* he says between 8 & 9 months
W. C. Easton Examining Clerk. 13 Feb 1833

State of Massachusetts. County of Bristol, on this twentieth
day of August A.D. 1832 personally appeared in open Court, before the Judge of the Court of Probate, now sitting at Dighton
in & for said County of Bristol, By Adm. Benjamin Drew resident of New Bedford (formerly Dartmouth) in said County & State of Massachusetts, aged sixty
three in October last, & on the eighteenth day thereof, being born on the eighteenth
in Dartmouth of October 1768, but has no record thereof who being first duly
sworn according to law, doth, on oath make the following declaration, in order to obtain the benefit of an act of Con-
gress passed June 7 th 1832 - That he entered the service of the United States un- der the following named officers, and
served as herein after stated - viz. That, in the year 1782, being then an Inhabitant & resident of Fairhaven
(then part of Dartmouth) in said County of Bristol & State of Massachusetts, in the month of August, he enlisted un-
der or by Capt. or Lieut. William Gordon, who then commanded the Fort in Fairhaven, or Dartmouth, on a point called Nobscott, & served there &

under said Gordon till the last of April 1783, when he was discharged, but does not remember whether he had a written discharge, or not being in the whole between eight & nine months: but has no record thereof —
That he hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of any State!
Benjamin Drew
Sworn to & subscribed the day and year first above written H S Baylies, Judge of Probate

And the said court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the court further certifies, that it appears to them that Asa Bronson who has signed the preceding certificate is a clergyman resident in the Town of New Bedford in said County of Bristol, and that Richard Williams who has also signed a certificate is a resident in said Town and is a credible person, and that their statement is entitled to credit.
H. Daylies , Judge of Probate.
Commonwealth of Massachusetts Bristol ss. 3
I, Anselm Bassett, Register of the court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Drew of New Bedford in said County bar a Plaintiff
In testimony whereof I have hereunto set my hand & the seal of the said court the day and year first abovenwritten.
Anselm Bassett

Commonwealth of Massachusetts - Bristol ss. I Amos Basset Register of the Court of Probate for said County do hereby certify that Alden Bradford is a Justice of the Peace in for said County and that the signatures to the foregoing certificates purporting to be his are in my opinion indeed the genuine signatures of said
Alden Bradford —
Amos Basset —
10728
J. P. Morgan H. R.

29126 Rev INVALID.
File No. 29, 29, 126
Benjamin Drew
His Rec Mas
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 118
[Arrangement of 1870.]

16,728
Benj. Drew
   15 3 / 4     11         135         1105    25.  54     3     8.33773     1.73         35 06  
ENT
L P Hodges HR

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Henry Drew which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____ IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service ?
Y
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service ?
Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses ?
No G. is stated elsewhere
Has the proper officer certified to the official character and signature of the magistrate as the to be exec regulations direct ?
no
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service ?
Yes
XVI. ‡ Are the papers authenticated as the regulations direct ?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ?
Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

I William Judd of New Bedford, formerly Dartmouth, County of Bristol State of Massachusetts, aged seventy seven years, testify & declare, that I was a Lieutenant in the an artillery company command- ed by Capt. Ingersoll & afterwards by Capt. Cushing, Col. Grafton's Regiment of State Troops, raised in 1776, for one year, & then for was continued in service, or part of it & called a Battalion; that in April 1779, I was ordered from Boston to take command of a Fort, at the entrance of the harbor of Dart- mouth, (now New Bedford & Fair- haven) having been then also stationed at Dartmouth, or Bedford Village in said Dartmouth in 1778, under Capt. Ingersoll & Capt. Cushing, but in same State Regiment or Battalion of Artillery - But in 1779, the time here mentioned, I was command- er of the Fort & the men therein -

That I had commanded said Fort, little head in 1783 - That in the year 1782, to wit, August 14 th Benjamin Drew was enlisted, by virtue of a resolve of the Legislature of the State to raise men for the defense of the sea coast, or on sea coast establish- ment - by me, & to do duty under my orders, in said Fort & elsewhere in the vicinity - & that his said Drew's name is borne on an enlisting paper now in my poss- ession, by which it appears that he enlisted as aforesaid, to wit Augt. 14 1782 - That said Drew with some others on his list as aforesaid, was under my command in said Fort & vicinity till April 25 th 1783, when they & he were discharged being under pay eight months & fifteen days, as appears by docu- ments & files now in my possession -
Wm Gordon.
Bristol R. Augt. 24. 1832
Subscribed as soon to be sworn to before William Bradford
Just. Reane Mr Bradford has very part of a Certificate of his being a Justice at Washington

We Asa Bronson, a Clergyman of the town of New Bedford, County of Bristol & State of Massachusetts testify & say, that I am well acquainted with Benjamin Drew of said New Bed- ford, who has applied for a pension under the act of Congress, of 7th of June last; that he is about sixty eight  three or a little more, that he reputed & believed in said town & vicinity to have been a soldier in the revolution, & that I also am of that opinion. Asa Bronson
I Richard Williams of New Bedford in said County of Bristol, testify & say that I am well acquainted with Benjamin Drew of said New Bedford, that I believe him to be about sixty three years of age; that he is reputed & believ- ed in this place & vicinity to have been a soldier of the revolution, & that I am also of that opinion.
Richard Williams Past Master
Bristol J. August 24 th A.D. 1832
Personally appeared said Bronson, said Williams & in my presence subscribed & made oath to the respective depositions above by each subscribed as true Alden Bradford Just Peace

I also certify that it would be very incon- venient for Rev. Asa Bronson, & Mr Williams, who is Post master, to leave home & attend the probate court.
Alden Bradford Just. Peace -
Commonwealth of Massachusetts Bristol ss. I Amos Barrett Register of the Court of Probate in & for said County, do hereby certify that Alden Bradford is a Justice of the Peace in & for said County and that the signatures on this sheet to the certificates there, purporting to be his are in my opinion & belief genuine - In testimony whereof
I hereunto set my hand & the seal of said Court this thirteenth day of April Eighteen hundred & thirty three Amos Barrett

That I had commanded said Fort, late here in 1783 - That in the year 1782, to wit, August 14 th Benjamin Drew was enlisted, by virtue of a resolve of the Legislature of the State to raise men for the defense of the sea coast, or on sea coast establish- ments - by me, & to do duty under my orders, in said Fort & elsewhere in the vicinity - & that his said Drew's name is borne on an enlisting paper now in my poss- ession, by which it appears that he enlisted as aforesaid, to wit Augt. 14 1782 - That said Drew with some others on list as aforesaid, was under my command in said Fort & vicinity till April 25 th 1783, when they & he were discharged being under pay eight months & fifteen days, as appears by docu- ments & files now in my possession -
Wm Gordon.
Bristol R. Augt. 24 1832
Subscribed as soon to be sworn before me William Bradford
Just. Reane Mr Bradford has very a part of a Certificate of his being a Justice at Washington